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§ 1325

Olson, In re

Ruling
Chapter 13 debtor properly claimed his exemption in a workers' compensation settlement but the portion of the award representing reduced wages during the plan's applicable commitment period had to be included in calculating debtor's projected disposable income. (Bankr. N.D.N.Y.)
Issue(s)
Confirmation of Plan; Objections.

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Consumer opinion summary, case decided on May 31, 2023 , LexisNexis #0723-096

Godwyn, In re

Ruling
Plan correctly provided for the full value of the creditor's claim, which under nonbankruptcy law was limited to the value of the property on the petition date plus post-petition interest. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on May 10, 2023 , LexisNexis #0723-021

Collins, In re--Munn v. Collins

Ruling
Creditor was not able to object to the discharge of a debt as the creditor had actual notice of the bankruptcy proceeding and the deadline had expired to file a complaint. (Bankr. M.D. Ga.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on April 04, 2023 , LexisNexis #0623-019

Csigi, In re

Ruling
Unsecured creditor's request that the term of debtor's Chapter 13 plan be increased was barred as it was undisputed that her current monthly income was below the median. (Bankr. D. Haw.)
Issue(s)
Confirmation of Plan; Objections; “Applicable Commitment Period”.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 04, 2023 , LexisNexis #0623-020

Chatham, In re

Ruling
Debtor met his burden in demonstrating that he filed his petition in good faith and proposed his plan in good faith. (Bankr. N.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on March 24, 2023 , LexisNexis #0523-071

Roby, In re

Ruling
Proposals in debtors’ Chapter 13 plans to modify the rights of pawn creditor did not lack good faith absent evidence that debtors did not genuinely need bankruptcy relief or were not making their best efforts. (Bankr. M.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on March 16, 2023 , LexisNexis #0523-045

Roby, In re

Ruling
Proposals in debtors’ Chapter 13 plans to modify the rights of pawn creditor did not lack good faith absent evidence that debtors did not genuinely need bankruptcy relief or were not making their best efforts. (Bankr. M.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on March 16, 2023 , LexisNexis #0523-045

Frysinger, In re

Ruling
Court could not make a finding that the debtor could meet the condition for Chapter 13 plan confirmation as it did not show he could obtain enough steady work to generate sufficient income to fund living expenses and plan payments. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on February 24, 2023 , LexisNexis #0423-073

Faltz, In re

Ruling
Debtor had to commit all of his projected disposable income over the applicable commitment period to confirm his plan. (Bankr. D. Alaska)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on February 23, 2023 , LexisNexis #0423-072

Williamson, In re

Ruling
Social security benefits were not disposable income and were excluded from the debtors' current monthly income. (Bankr. N.D. Ohio)
Issue(s)
Confirmation of Plan; Objections; `Disposable Income'' Defined.

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Consumer opinion summary, case decided on February 21, 2023 , LexisNexis #0423-074